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ACOSTA v. VATAJ

170 A.D.2d 348 (1991)

Donald Acosta, Appellant, v. George Vataj et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

February 21, 1991

It was error for IAS to convert defendants' motion to dismiss the first cause of action for defamation (CPLR 3211 [a] [7]) into one for summary judgment under CPLR 3212 without any notice to the parties (Four Seasons Hotels v Vinnik, 127 A.D.2d 310). Such a course was particularly prejudicial to plaintiff who was deprived of any opportunity to submit a competent affidavit in support of the general allegations of malice in the pleading...

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